a) When a request
for an administrative hearing is received, the administrator of the
Administrative Hearings Unit may grant a request for a hearing only when:
1) the written request for an administrative
hearing is received by the Department within the 15 business days following the
conclusion of the exit conference;
2) the request is accompanied by supporting
documents or factual matters which refute or modify the Department's draft
finding; and
3) the issue is an
audit issue encompassed within the jurisdiction of the Administrative Hearings
Unit.
b) The
administrator of the Administrative Hearings Unit shall dismiss a request for
an administrative hearing only when:
1) The
appeal has been withdrawn in writing;
2) The appeal has been abandoned.
Abandonments shall be deemed to have occurred if the appellant, the appellant's
authorized representative, or an individual legally authorized to
act on behalf
of the appellant fails to appear at the hearing and the appellent does not have
an adequate cause for failing to appear. Adequate cause for failing to appear
at an administrative hearing may include but is not limited to:
A) death in the family of the appellant or in
the family of the appellant's representative;
B) serious illness of the appellant or the
appellant's representative or serious illness in either person's immediate
family;
C) transportation
difficulties that make it impossible for the appellant or representative to
appear at the hearing; or
D)
failure of the Department to give notice of the hearing to the appellant or
representative at the last known address available to the Department. However,
it is the appellant's responsibility to keep the Department updated on any
change of address;
3)
the issue is not within the jurisdiction of the appeal system;
4) the request for an administrative hearing
was not received within 15 calendar days following the conclusion of the exit
conference;
5) the appellant failed
to notify the administrator of the Administrative Hearings Unit of a change of
address, and a notice of the administrative hearing cannot be
delivered.
c) The
Department shall provide written notice of the decision to grant or deny the
request for an administrative hearing within 20 calendar days after receipt of
the request for an administrative hearing. If the administrator of the
Administrative Hearings Unit finds that the issue is not appealable under this
Part, but can be appropriately heard through another appeal process, in
accordance with 89 Ill. Adm. Code
435 (Administrative Appeals and Hearings),
the
Department shall forward the appeal to the proper hearing authority and
notify the appellant of this action.
d) The administrator of the Administrative
Hearings Unit shall:
1) schedule the hearing
at a date within 30 calendar days after the date of the appellant's written
request for hearing;
2) ensure that
the administrative hearing is scheduled at a time and place reasonably
convenient for all parties. If the parties cannot agree to a reasonably
convenient time and place, the administrator shall make this determination and
proceed to schedule the hearing;
3)
provide a written notice to the appellant at least 15 calendar days before the
scheduled hearing, which shall contain the following information:
A) the date, time and location of the
hearing;
B) a statement that the
appellant or appellant's representative's failure to appear at the hearing
without adequate cause may be deemed an abandonment of the request, thus
constituting a waiver by the appellant of the right to a hearing; and
C) a statement of the parties' rights during
the appeal process.
e) An appellant may bring a representative,
including legal counsel, to the hearing. Expenses of a representative or of an
appellant's witnesses shall be paid by the appellant.
f) An appellant may request the Department
employee who had direct involvement in the audit, or other persons who may have
information relevant to the issues in dispute, to attend the hearing by asking
the administrator of the Administrative Hearings Unit to issue appropriate
subpoenas. Witness fees and travel expenses for persons other than Department
employees are the responsibility of the party requesting the
subpoena.
g) Any motions from the
appellant or the Department shall be filed with the administrative law judge at
least 10 calendar days before the hearing. Copies shall be provided
simultaneously to the Department's representative and the appellant.
h) At the appellant's request, the Department
shall provide an interpreter at no cost to the appellant if English is not the
appellant's primary language or a sign interpreter if the appellant is hearing
impaired.
i) Both the appellant and
the Department have the right to examine and copy documents and other
information to be used by either party and to receive a list of witnessess to
be called by either party at the hearing by requesting them at least 10
calendar days before the hearing. If a party fails to disclose evidence and
then seeks to introduce it at the hearing, the administrative law judge shall
consider the surprise or prejudice to the other parties, including prior
disclosure during the audit process. The administrative law judge's authority
includes adjourning or continuing the hearing to a later time or date to permit
the other parties to examine the evidence and prepare their cases
accordingly.
j) During the
administrative hearing, the appellant and the
Department have the right to:
1) present and question witnesses;
2) present any information relevant to the
issues;
3) question or disprove any
information, including an opportunity to question opposing witnesses;
and
4) dispose of any disputed
issue by mutually agreeing to a resolution any time prior to the conclusion of
the administrative hearing.
k) In an administrative hearing concerning
audit findings:
1) the Department carries the
burden of proof by preponderance of the evidence; and
2) the administrative law judge has the
authority to recommend changes in the audit findings record.
l) Appointment of the
Administrative Law judge
The administrator of the Administrative Hearings Unit shall
select and the Director shall appoint a trained impartial administrative law
judge from the available pool to conduct the appeal hearing. The administrative
law judge shall:
1) be an attorney
licensed to practice law in the State of Illinois;
2) possess knowledge and information acquired
through training and/or experience relevant to the field of child and family
welfare law including familiarity with Department rules, procedures and
functions;
3) not have been
involved in the decision to take the action being appealed or have rendered
legal advice to the decision maker on the issue; and
4) not have a personal or professional
interest which interferes with exercising objectivity or have any bias against
the parties or issues appealed. An adverse ruling, in and of itself, shall not
constitute bias or conflict of interest.
m) Functions of the Administrative Law Judge
The administrative law judge shall have all authority allowed
under the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127,
par. 1001-1 et seq.) [5 ILCS 100 ]. This authority shall include, but is not
limited to, the following:
1) conduct
a fair, impartial and formal hearing in which the strict rules of evidence do
not apply;
2) provide for the
recording of the hearing;
3) inform
participants of their individual rights and their responsibilities;
4) conduct preliminary and prehearing
telephone conferences if necessary between the parties and/or their attorneys
to provide information about the procedural aspects of the hearing, narrow the
issues and discuss possible stipulations and contested points of law in order
to expedite the actual hearing;
5)
take necessary steps to develop a full and fair record which contains all
relevant facts;
6) administer an
oath or an affirmation to all witnesses;
7) quash or modify subpoenas for good cause,
including but not limited to relevance, scope, materiality and emotional harm
or trauma to the subpoenaed witness;
8) preserve all documents and evidence for
the record;
9) rule upon
evidentiary issues and contested issues of law at the hearing or take matters
under advisement pending issuance of the written opinion and
recommendation;
10) order the
removal of any person from the hearing room who is creating a disturbance
whether by physical action, profanity or otherwise engaging in conduct which
disrupts the hearing;
11) identify
the issues, consider all relevant facts and receive or request any additional
information necessary to decide the matter in dispute, including but not
limited to the submission of briefs, memoranda of law, affidavits or post
hearing briefs; and
12) present a
written opinion and recommendation to the Director within 30 calendar days
after the record of the administrative hearing is completed or transcript is
received. The opinion shall contain a summary of the evidence, findings of
fact, conclusions of law and a recommendation.
n) Combined Hearings
When a common issue is raised, the Department may respond to
requests for hearings from more than one appellant by conducting a single group
hearing. The Department may also combine all issues raised by a single
petitioner in one hearing. In all group hearing, the appeal system in this Part
shall apply. Individuals shall be permitted to present their own cases
separately. The Department, if required for the fair, efficient administration
of the hearing or to prevent possible prejudice to the appellant, may sever any
party or any issue from the combined hearing. The severed party or issue shall
be heard separately.
o)
Making the Final Administrative Decision
The Director of the Department shall receive the recommended
decision from the administrative law judge and shall agree, disagree, or modify
the recommended decision. The Director's decision is the final administrative
decision of the Department and shall be based upon good business practices and
generally accepted accounting principles. If the decision requires corrective
action by the Department, the Director shall appoint a Department staff person
who shall be responsible for assuring compliance with the decision and within
the timeframes prescribed within the decision.
p) Notice of the Availability of Judicial
Review
The Department shall include a notice to appellants as part of
the final administrative decision. This notice shall include the name of the
person responsible for compliance, if applicable, and shall advise the
appellants that under the provisions of the Administrative Review Law (Ill.
Rev. Stat. 1991, ch. 110, par. 3-101 et seq.) [735 ILCS 5 /Art. 3] that they
may seek judicial review of the Department's decisions if it is unfavorable to
them, within the statutory time frame.
q) Who Receives Copies of the Final
Administrative Decision
The appellant or authorized representative, the Department's
representative, the administrative law judge, and the administrator of the
Administrative Hearings Unit shall receive a copy of the final administrative
decision.
r) Records of
Administrative Hearings
The permanent record of the administrative hearing and the
final administrative decision shall be maintained by the administrator of the
Administrative Hearings Unit. All hearing decisions shall be available for
public inspection during regular business hours. However, confidential
information shall be deleted in conformance with 89 Ill. Adm. Code 431
(Confidentiality of Personal Information of Persons Served by the Department)
and federal or State laws and regulations on confidentiality.